Chandok v. Klessig’s Empirical Analysis
632 F.3d 803 · 2011
Citation profile
3 federal appellate · 2 district · 1 state decisions
Relationships
Relies on Celotex Corporation v. Catrett H · New York Times Co. v. Sullivan · Gertz v. Robert Welch, Inc. · St. Amant v. Thompson · Curtis Publishing Co. v. Butts
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any person who has applied for or obtained a permit, zoning change, lease, license, certificate or other entitlement for use or permission to act from any government body”
2 later decisions quote this exact passage · from the majority“may be overcome by a showing either of “actual” malice (i.e., knowledge of the statement’s falsity or reckless disregard as to whether it was false) or of common-law malice. Common-law malice “mean[s] spite or ill will.” “The critical difference between commonlaw malice and constitutional [i.e., “actual”] malice ... is that the former focuses on the defendant’s attitude toward the plaintiff, the latter on the defendant’s attitude toward the truth.””
1 later decision quote this exact passage · from the majority“1) there must be a public application or petition, 2) the public applicant or permittee of that application must file a lawsuit against a person [that] is materially related to any efforts of the defendant to report on, comment on, rule on, challenge or oppose such application or permission, and 3) the lawsuit must be, at a minimum, substantially without merit.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.